Texas 2019 - 86th Regular

Texas House Bill HB1123 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R5913 JSC-D
2	2	By: Bohac H.B. No. 1123
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the carrying of a handgun by certain first responders;
8	8	authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 411.179(a), Government Code, is amended
11	11	to read as follows:
12	12	(a) The department by rule shall adopt the form of the
13	13	license. A license must include:
14	14	(1) a number assigned to the license holder by the
15	15	department;
16	16	(2) a statement of the period for which the license is
17	17	effective;
18	18	(3) a color photograph of the license holder;
19	19	(4) the license holder's full name, date of birth, hair
20	20	and eye color, height, weight, and signature;
21	21	(5) the license holder's residence address or, as
22	22	provided by Subsection (d), the street address of the courthouse in
23	23	which the license holder or license holder's spouse serves as a
24	24	federal judge or the license holder serves as a state judge;
25	25	(6) the number of a driver's license or an
26	26	identification certificate issued to the license holder by the
27	27	department; [and]
28	28	(7) the designation "VETERAN" if required under
29	29	Subsection (e); and
30	30	(8) a designation for an on-duty first responder to
31	31	carry a handgun, if the license holder received that designation
32	32	under Section 411.184.
33	33	SECTION 2. Subchapter H, Chapter 411, Government Code, is
34	34	amended by adding Section 411.184 to read as follows:
35	35	Sec. 411.184. ON-DUTY FIRST RESPONDER DESIGNATION. (a) In
36	36	this section:
37	37	(1) "Emergency medical services provider" and "first
38	38	responder organization" have the meanings assigned by Section
39	39	773.003, Health and Safety Code.
40	40	(2) "First responder" means a public safety employee
41	41	whose duties include responding rapidly to an emergency. The term
42	42	includes fire protection personnel and emergency medical services
43	43	personnel, including a physician who is an emergency medical
44	44	services medical director. The term does not include:
45	45	(A) commissioned law enforcement personnel; or
46	46	(B) volunteer emergency services personnel, as
47	47	defined by Section 46.01, Penal Code.
48	48	(b) A first responder is eligible for an on-duty first
49	49	responder designation on the first responder's license to carry a
50	50	handgun under this subchapter if the first responder submits to the
51	51	department:
52	52	(1) on a form provided by the department, a completed
53	53	application for the designation;
54	54	(2) evidence that the license holder:
55	55	(A) is a first responder; and
56	56	(B) has successfully completed a course
57	57	described by Subsection (d); and
58	58	(3) the fee set by the director under Subsection (c).
59	59	(c) The director by rule shall:
60	60	(1) adopt an application form to be used to apply for a
61	61	designation under this section; and
62	62	(2) set a fee in an amount sufficient to cover the cost
63	63	of issuing licenses bearing a designation under this section.
64	64	(d) The director by rule shall establish minimum standards
65	65	for a training course for a license holder seeking an on-duty first
66	66	responder designation, to be taken at the license holder's expense.
67	67	The training course must:
68	68	(1) be administered by a qualified handgun instructor;
69	69	(2) include not less than 20 hours of instruction;
70	70	(3) provide classroom training in:
71	71	(A) de-escalation techniques;
72	72	(B) tactical thinking relating to cover for and
73	73	concealment of the license holder;
74	74	(C) methods to conceal a handgun and methods to
75	75	ensure the secure carrying of a concealed handgun; and
76	76	(D) consequences of improper use of a handgun;
77	77	(4) provide field instruction in the use of handguns,
78	78	including:
79	79	(A) instinctive or reactive shooting;
80	80	(B) tactical shooting;
81	81	(C) shooting while moving; and
82	82	(D) shooting in low light conditions;
83	83	(5) require physical demonstrations of proficiency in
84	84	techniques learned in training; and
85	85	(6) provide procedures for securing a handgun and a
86	86	list of devices approved for that purpose, for circumstances under
87	87	which the license holder, while on duty:
88	88	(A) is required to enter a location where
89	89	carrying the handgun is prohibited by federal law or otherwise; or
90	90	(B) chooses not to carry a handgun at a specific
91	91	location.
92	92	(e) The department may grant a designation under this
93	93	section to a license holder who meets all the eligibility
94	94	requirements and submits the required application materials and fee
95	95	under Subsection (b). Not later than the 60th day after the date of
96	96	receipt of the application materials and fee, the department shall
97	97	issue the license with the designation or notify the license holder
98	98	in writing that the application for the designation was denied.
99	99	(f) On receipt of a license with a designation under this
100	100	section, the license holder shall return to the department any
101	101	license that was previously issued to the license holder.
102	102	(g) A license holder whose fee to apply for a designation
103	103	under this section is dishonored or reversed may reapply for the
104	104	designation at any time, provided the fee and an additional charge
105	105	of $25 are paid by cashier's check or money order made payable to
106	106	the "Texas Department of Public Safety."
107	107	(h) A license holder who becomes ineligible for the
108	108	designation under this section because the license holder is no
109	109	longer employed as a first responder promptly shall notify the
110	110	department. Not later than the 30th day after the date of receipt
111	111	of the notice, the department shall issue a license without the
112	112	designation to the license holder. A license holder who is no
113	113	longer eligible for a designation under this section:
114	114	(1) is not entitled to carry a handgun in a location in
115	115	which the license holder was allowed to carry the handgun only by
116	116	virtue of the designation; and
117	117	(2) on receipt of the license without the designation,
118	118	promptly shall return the license with the designation to the
119	119	department.
120	120	(i) A designation under this section does not limit the
121	121	right of a first responder to carry a handgun or other weapon under
122	122	other law.
123	123	(j) The director by rule shall approve devices to enable a
124	124	first responder to secure a handgun if the first responder, while on
125	125	duty:
126	126	(1) is required to enter a location where carrying the
127	127	handgun is prohibited by federal law or otherwise; or
128	128	(2) chooses not to carry a handgun at a specific
129	129	location.
130	130	(k) A governmental entity, emergency medical services
131	131	provider, or first responder organization that employs or otherwise
132	132	supervises first responders may not adopt a rule or regulation that
133	133	prohibits a first responder who holds a license bearing a
134	134	designation under this section from:
135	135	(1) carrying a handgun while on duty; or
136	136	(2) storing a handgun on the premises of or in a
137	137	vehicle owned or operated by the entity, provider, or organization
138	138	if the handgun is secured with a device approved by the department
139	139	under Subsection (j).
140	140	(l) This section does not create a cause of action or
141	141	liability.
142	142	(m) A governmental entity, emergency medical services
143	143	provider, or first responder organization that employs first
144	144	responders is not liable in a civil action arising from the
145	145	discharge of a handgun by a first responder who is licensed to carry
146	146	a handgun under this subchapter, provided that the entity,
147	147	provider, or organization reasonably provides for the safety of the
148	148	first responders.
149	149	(n) A first responder may discharge a handgun while on duty
150	150	only under circumstances in which the first responder would be
151	151	justified in using deadly force under Section 9.32 or 9.33, Penal
152	152	Code. This subsection does not:
153	153	(1) create a cause of action against a first responder
154	154	for failure to discharge a firearm; or
155	155	(2) limit the liability of a first responder who
156	156	improperly discharges a firearm.
157	157	(o) Notwithstanding Subsection (n), the discharge of a
158	158	handgun by a first responder who is licensed to carry a handgun
159	159	under this subchapter is outside the course and scope of the first
160	160	responder's duties.
161	161	(p) This section may not be construed to waive the immunity
162	162	from suit or liability of a governmental entity, emergency medical
163	163	services provider, or first responder organization that employs or
164	164	otherwise supervises first responders under Chapter 101, Civil
165	165	Practice and Remedies Code, or any other law.
166	166	SECTION 3. Section 30.06(f), Penal Code, is amended to read
167	167	as follows:
168	168	(f) It is a defense to prosecution under this section that
169	169	the license holder is:
170	170	(1) volunteer emergency services personnel, as
171	171	defined by Section 46.01; or
172	172	(2) a first responder who:
173	173	(A) is carrying a concealed handgun and holds a
174	174	license to carry a handgun under Subchapter H, Chapter 411,
175	175	Government Code, that bears an on-duty first responder designation
176	176	under Section 411.184 of that code; and
177	177	(B) is engaged in the actual discharge of the
178	178	first responder's duties while carrying the concealed handgun.
179	179	SECTION 4. Section 46.035(m), Penal Code, is amended to
180	180	read as follows:
181	181	(m) It is a defense to prosecution under Subsections (b) and
182	182	(c) that the actor is:
183	183	(1) volunteer emergency services personnel engaged in
184	184	providing emergency services; or
185	185	(2) a first responder who:
186	186	(A) is carrying a concealed handgun and holds a
187	187	license to carry a handgun under Subchapter H, Chapter 411,
188	188	Government Code, that bears an on-duty first responder designation
189	189	under Section 411.184 of that code; and
190	190	(B) is engaged in the actual discharge of the
191	191	first responder's duties while carrying the concealed handgun.
192	192	SECTION 5. Section 46.15(a), Penal Code, is amended to read
193	193	as follows:
194	194	(a) Sections 46.02 and 46.03 do not apply to:
195	195	(1) peace officers or special investigators under
196	196	Article 2.122, Code of Criminal Procedure, and neither section
197	197	prohibits a peace officer or special investigator from carrying a
198	198	weapon in this state, including in an establishment in this state
199	199	serving the public, regardless of whether the peace officer or
200	200	special investigator is engaged in the actual discharge of the
201	201	officer's or investigator's duties while carrying the weapon;
202	202	(2) parole officers and neither section prohibits an
203	203	officer from carrying a weapon in this state if the officer is:
204	204	(A) engaged in the actual discharge of the
205	205	officer's duties while carrying the weapon; and
206	206	(B) in compliance with policies and procedures
207	207	adopted by the Texas Department of Criminal Justice regarding the
208	208	possession of a weapon by an officer while on duty;
209	209	(3) community supervision and corrections department
210	210	officers appointed or employed under Section 76.004, Government
211	211	Code, and neither section prohibits an officer from carrying a
212	212	weapon in this state if the officer is:
213	213	(A) engaged in the actual discharge of the
214	214	officer's duties while carrying the weapon; and
215	215	(B) authorized to carry a weapon under Section
216	216	76.0051, Government Code;
217	217	(4) an active judicial officer as defined by Section
218	218	411.201, Government Code, who is licensed to carry a handgun under
219	219	Subchapter H, Chapter 411, Government Code;
220	220	(5) an honorably retired peace officer, qualified
221	221	retired law enforcement officer, federal criminal investigator, or
222	222	former reserve law enforcement officer who holds a certificate of
223	223	proficiency issued under Section 1701.357, Occupations Code, and is
224	224	carrying a photo identification that is issued by a federal, state,
225	225	or local law enforcement agency, as applicable, and that verifies
226	226	that the officer is:
227	227	(A) an honorably retired peace officer;
228	228	(B) a qualified retired law enforcement officer;
229	229	(C) a federal criminal investigator; or
230	230	(D) a former reserve law enforcement officer who
231	231	has served in that capacity not less than a total of 15 years with
232	232	one or more state or local law enforcement agencies;
233	233	(6) the attorney general or a United States attorney,
234	234	district attorney, criminal district attorney, county attorney, or
235	235	municipal attorney who is licensed to carry a handgun under
236	236	Subchapter H, Chapter 411, Government Code;
237	237	(7) an assistant United States attorney, assistant
238	238	attorney general, assistant district attorney, assistant criminal
239	239	district attorney, or assistant county attorney who is licensed to
240	240	carry a handgun under Subchapter H, Chapter 411, Government Code;
241	241	(8) a bailiff designated by an active judicial officer
242	242	as defined by Section 411.201, Government Code, who is:
243	243	(A) licensed to carry a handgun under Subchapter
244	244	H, Chapter 411, Government Code; and
245	245	(B) engaged in escorting the judicial officer;
246	246	(9) a juvenile probation officer who is authorized to
247	247	carry a firearm under Section 142.006, Human Resources Code; [or]
248	248	(10) a person who is volunteer emergency services
249	249	personnel if the person is:
250	250	(A) carrying a handgun under the authority of
251	251	Subchapter H, Chapter 411, Government Code; and
252	252	(B) engaged in providing emergency services; or
253	253	(11) a first responder who:
254	254	(A) is carrying a concealed handgun and holds a
255	255	license to carry a handgun under Subchapter H, Chapter 411,
256	256	Government Code, that bears an on-duty first responder designation
257	257	under Section 411.184 of that code; and
258	258	(B) is engaged in the actual discharge of the
259	259	first responder's duties while carrying the concealed handgun.
260	260	SECTION 6. The public safety director of the Department of
261	261	Public Safety shall adopt the rules necessary to implement Section
262	262	411.184, Government Code, as added by this Act, not later than
263	263	December 1, 2019.
264	264	SECTION 7. (a) A qualified handgun instructor may not offer
265	265	the training course described by Section 411.184(d), Government
266	266	Code, as added by this Act, before January 1, 2020.
267	267	(b) The Department of Public Safety may not accept an
268	268	application for or grant a designation under Section 411.184,
269	269	Government Code, as added by this Act, before January 1, 2020.
270	270	SECTION 8. The change in law made by this Act in amending
271	271	Sections 46.035 and 46.15, Penal Code, applies only to an offense
272	272	committed on or after January 1, 2020. An offense committed before
273	273	January 1, 2020, is governed by the law in effect on the date the
274	274	offense was committed, and the former law is continued in effect for
275	275	that purpose. For purposes of this section, an offense was
276	276	committed before January 1, 2020, if any element of the offense
277	277	occurred before that date.
278	278	SECTION 9. This Act takes effect September 1, 2019.